Jose Rodriguez-zaldivar And Dylcio Rodgriguez Cruz v. Charles Leggett And Progressive Casualty Insurance Company

Supreme Court of Louisiana
February 07, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
JOSE RODRIGUEZ-ZALDIVAR AND DYLCIO
RODGRIGUEZ CRUZ
VS.
CHARLES LEGGETT AND PROGRESSIVE
CASUALTY INSURANCE COMPANY
No. 2022-C-01688
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I
N RE: Progressive Security Insurance Company - Applicant Defendant; Applying
For Writ Of Certiorari, Parish of Orleans Civil, Civil District Court Number(s) 2015-
12246, Court of Appeal, Fourth Circuit, Number(s) 2021-CA-0478;
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February 07, 2023
Writ application granted. See per curiam.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
02/07/2023 "See News Release 006 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2022-C-01688
JOSE RODRIGUEZ-ZALDIVAR AND DYLCIO RODGRIGUEZ CRUZ
VS.
CHARLES LEGGETT AND PROGRESSIVE CASUALTY INSURANCE
COMPANY
On Writ of Certiorari to the Court of Appeal, Fourth Circuit, Parish of Orleans
Civil
PER CURIAM
Granted. Although the court of appeal correctly found the district court made
an evidentiary error affecting the judgment, for the reasons set forth by Judge Dysart,
we find the court abused its discretion in remanding the case for a new trial. Because
the record is otherwise complete, the appellate court should make its own
independent de novo review of the record and determine the sufficiency of the
evidence. Cook v. Sullivan, 2020-01471 (La. 9/30/21), 330 So. 3d 152, 157, reh'g
denied, 2020-01471 (La. 12/7/21), 347 So. 3d 863. Accordingly, the judgment of
the court of appeal is vacated and set aside insofar as it remands the case for a new
trial, and the case is remanded to the court of appeal to conduct a de novo review of
the record and render judgment accordingly.
February 7, 2023
02/07/23